scholarly journals ESSENCE, LEGAL NATURE AND CONCEPT OF A MARRIAGE CONTRACT IN UKRAINE

2021 ◽  
Vol 3 (47) ◽  
Author(s):  
L. V. Enina
Keyword(s):  
Property Rights ◽  
Scientific Research ◽  
Legal Nature ◽  
Marriage Contract

The article analyzes scientific approaches to defining the essence, legal nature and concept of marriage contract. On the basis of scientific research and legislation, the main features of the marriage contract are highlighted. The conclusion is made about the complex legal nature of the marriage contract, its concept is formulated as an agreement of the spouses (or persons intending to marry), which is aimed at establishing, changing or terminating the property rights and obligations of the spouses in marriage and dissolution. The necessity of corresponding fixing of the concept in the legislation of Ukraine is substantiated.

scholarly journals Protection and Management of Intangible Assets of Scientific Research Institutions

2021 ◽  
Vol 3 (2) ◽  
pp. 185-189
Author(s):  
Wei Gao
Keyword(s):  
Property Rights ◽  
Management System ◽  
Intangible Assets ◽  
Scientific Research ◽  
Research Institutions ◽  
Management Mechanism ◽  
Assets Management

In view of the scientific protection and management of intangible assets of scientific research institutions, the importance of protection and management is expounded, and the significance of intangible assets to scientific research institutions is understood. In view of the problems existing in the management of intangible assets, the paper puts forward suggestions on three aspects: paying attention to the management of intangible assets property rights, optimizing the management mechanism of intangible assets and improving the specialty of intangible assets management. The purpose is to change the ideology of all managers, realize the value of intangible assets, and improve the protection and management system of intangible assets.

Part VI The Law of Property, 37 Matrimonial Property

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Property Rights ◽  
General Rule ◽  
Legal Reform ◽  
Legal Regime ◽  
Applicable Law ◽  
Civil Partnership ◽  
Marriage Contract ◽  
Recognition And Enforcement ◽  
Property Regimes ◽  
Husband And Wife

This chapter examines the legal regime governing matrimonial property, and more specifically the rights of a husband and wife in the movable and immovable property which either of them may possess at the time of marriage or may acquire afterwards. It first considers the general rule on assignment where there is an ante-nuptial contract as well as the assignment where is no ante-nuptial contract, focusing in particular on the application of matrimonial domicile in the case of movables and the effect of marriage on the spouses' immovables in the absence of a marriage contract. It then discusses the question of property rights arising from civil partnership and cohabitation, citing the relevant provisions of the Civil Partnership Act 2004, and concludes with an overview of European proposals for legal reform with respect to jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.

USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

2019 ◽  
Vol 1 ◽  
pp. 607
Author(s):  
Liene Vindele ◽  
Renāte Cāne
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Scientific Research ◽  
Research Process ◽  
Legal Framework ◽  
Educational Process ◽  
Step Test ◽  
Legal Norms

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 

scholarly journals Shariah Attitude Towards Genetically Modified Foods: Aqli and Naqli Analysis

2019 ◽  
Vol 17 (july 2019) ◽  
pp. 14-28
Author(s):  
Yasmin Hanani Mohd Safian
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Genetically Modified ◽  
Scientific Research ◽  
Western World ◽  
Natural Processes ◽  
Gm Food ◽  
The World

Genetically modified (GM) food issue has sparked the debate, particularly in the Western world, on its detrimental effects to public health and the environment. Among the GM food producers and companies, the claim for intellectual property rights arise for food products and seeds for the technology they are licensing to farmers. For some Muslims and other God-conscious people, tampering with nature by implanting genes from one organism into another which nature has not sanctioned through natural processes and such legal claims is considered to be intolerable. The ‘terminator gene’ introduced by the companies are likely to lead to monopoly and encroachment of the world agro-economics, predominantly held in the hands of conglomerates. This study examines the Shariah attitudes towards GM food using aqli and naqli approach analysis. The aqli approach used in this paper includes analysis of modern scientific research to determine the benefits and harms of GM food. The naqli approach includes examination of related legal evidences from Quran, Hadith and scholars’ view. At the same time, the relevant Shariah principles are discussed to determine the validity of GM food.

scholarly journals The Types of the Charter-Parties in International Commercial Shipping

2019 ◽  
Vol 14 (4) ◽  
pp. 108-130
Author(s):  
Vasiliy N. Gutsulyak
Keyword(s):  
Scientific Research ◽  
The Other ◽  
Unified Approach ◽  
Full Control ◽  
Special Cases ◽  
Legal Nature ◽  
Merchant Shipping

One of the most important tools for the use of sea and river vessels for the carriage of goods is a contract of affreightment (charter party). Under the terms of the charter-party, one party (the shipowner) transfers the vessel or part of its premises to the other party (the charterer) for the established remuneration (the freight).Despite the fact that charter-parties have long been used in the practice of shipping, however, today both in doctrine and in practice there is no unified approach to their classification and understanding of their legal nature.According to the author, at present all charter-parties can be divided into three main types: voyage-charter, time-charter and bareboat-charter (demise-charter). Attempts by some domestic and foreign scholars to identify other types of charter-parties, such as daily-charter, slot-charter, etc., are unreasonable, since other types of charter-parties do not have their own value and are essentially only special cases or combinations of the three above types of charter-parties.A voyage-charter is essentially a contract for the carriage of goods by sea with a stipulation to provide an entire ship, or a part of ship, or specified compartments of a ship for the carriage of goods between ports. The shipowner in this case retains full control over the vessel without any exceptions in favor of the charterer.Under the time-charter the shipowner undertakes to provide the charterer with the vessel and the services of the ship’s crew members for use for a certain period for the carriage of goods, passengers or for other purposes of merchant shipping for a specified remuneration (freight). If the ship is chartered for the carriage of goods, then we are dealing with a contract of the sea carriage. If the vessel is chartered for other purposes, such as marine scientific research, etc., then the time-charter party is a special type of contract (suigeneris).A bareboat charter party is a hiring of the ship alone without crew. Bareboat charter party and demise charter are actually equivalent concepts, if there are differences between them, they are minimal. Their legal nature is absolutely the same, which is based on the transfer of the vessel for a certain period in the full and undivided possession of the charterer.

scholarly journals Charakter prawny ograniczeń sposobu korzystania z nieruchomości w związku z ochroną zasobów środowiska – refleksje na temat art. 129 Prawa ochrony środowiska

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 185-198
Author(s):  
Sławomir Pawłowski
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Environmental Law ◽  
Public Law ◽  
Environmental Resources ◽  
Legal Nature ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Right Of Property

The subject of the discussion is the legal nature of restrictions on the use of real estate in relation to the protection of environmental resources. Art. 129 of Environmental Law can have the effect that the use of a property or its part is impossible or substantially reduced. In doctrine, the dominant view is that such public-law interference in the right of property assumes the form of restriction referred to in Art. 64, par. 3 of the Constitution of the Republic of Poland. Another interpretation is also possible. Since the depth of the interference with property rights can lead to the effect that this property will become, as the Ombudsman has pointed out recently, “useless” to the owner, it would be reasonable to consider whether or not such property is de facto being expropriated. In such a case, the standard of constitutional control would be Art. 21, sec. 2.

scholarly journals Advantages and disadvantages of smart-contracts as the basis for the emergence of ownership

2021 ◽  
pp. 101-105
Author(s):  
K. Nekit
Keyword(s):  
Property Rights ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Third Party ◽  
Smart Contracts ◽  
Advantages And Disadvantages ◽  
Technical Errors ◽  
Smart Contract ◽  
Legal Nature ◽  
Definition Of

The article examines the concepts, legal nature of smart contracts, as well as the advantages and disadvantages of smart contracts as a basis for ownership. The technical and legal aspect of the concept of smart contract is considered. Models of using smart contracts are described. Approaches to determining the legal nature of smart contracts are presented. It is concluded that two models must be considered when using smart contracts. The first model is external, when the program code does not replace the agreement, but only automates its execution. The second model is internal, when the code completely or partially replaces the terms of the agreement. Among the advantages of smart contracts as grounds for the emergence of property rights can be identified, first of all, the inability to change the terms of the contract and interference in its work. However, at the same time, this feature is a disadvantage of the smart contract, as it does not allow to take into account the objective circumstances that may affect the implementation of the agreement. The problem of oracles when using smart contracts is also considered. It is noted that the use of oracles actually means the involvement of a third party in the transaction with all the risks that arise from it. The problem of involving notaries and state registrars in transactions on acquisition of property rights on the basis of a smart contract is analyzed. The problems of lack of legal regulation of smart contracts, in particular, related to its transnational nature, is investigated. The problem of protection of the rights of the parties to the smart contract is analyzed, in particular, related to technical errors and outside interference. Temporary solutions regarding the use of smart contracts and general recommendations on the legislative definition of smart contracts are proposed.

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